b) Future urban services could not reasonably be provided to the higher priority lands due to <br />topographical or other physical constraints; <br />At this stage of the land evaluation - the dismissal of land that is not adequate to address the identified <br />needs the Court of Appeals has instructed that cities may dismiss land based on the specific standard <br />at OAR 197.298(3)(b). However, the City of Eugene's analysis does not identify any higher priority land <br />that could not be served in the planning period due to "topographical or other physical constraints" and, <br />therefore, does not dismiss any land on this basis. <br />(4) Dismiss Candidate Land if its Inclusion in the UGB would be Untenable Considering the <br />Comparative Environmental, Energy, Economic and Social Consequences that would <br />Result from its Inclusion in the UGB (Goal 14 Locational Factor 3) <br />(5) Dismiss Candidate Land if its Inclusion in the UGB to Address the Identified Industrial <br />Land Deficit would be Incompatible with Nearby Agricultural and Forest Activities <br />Occurring on Farm and Forest Land Outside the UGB (Goal 14 Locational Factor 4) <br />The Oregon Court of Appeals has instructed that, at this stage of a city's analysis, when the city applies <br />ORS 197.298(3), it must also apply (only) two of the four "location factors" from Goal 14 (factors three <br />and four). <br />(6) Identify Lower Priority Land that is Needed in Order to Include or to Provide Services <br />to the Remaining Land in this Priority (ORS 197.298(3)(c)) <br />The City of Eugene's analysis does not identify any lower priority land that must be included in the UGB <br />in order to include or serve higher priority land and, therefore, does not dismiss any land on this basis. <br />(7) Add Remaining Candidate Land to the UGB and/ or Evaluate Land in the Next Highest <br />Priority Category as follows: <br />(a) If there is no candidate land remaining in this priority category then apply <br />steps (1) through (6) to the land in the next highest priority category <br />(b) If the amount of candidate land remaining in this priority category can <br />accommodate some, but not all, of the industrial land deficit then: <br />• Add the remaining land in this priority (including any land identified in <br />step (6)) to the UGB; and <br />• Apply steps (1) through (6) to the land in the next highest priority <br />category <br />(c) If the amount of candidate land remaining in this priority category is more <br />than is needed to accommodate the need for industrial land deficit, apply the <br />boundary location factors of Goal 14 to select the land for inclusion in the UGB <br />(within priority category four, give higher priority to poor soils (ORS <br />197.298(2)) <br />As stated in (7)(c), above, all four of the boundary location factors of Goal 14 are to be used when the <br />amount of suitable land in a particular priority category is more than is needed to satisfy the identified <br />need. OAR 660-024-0060(1)(b). The Goal 14 factors are applied to choose which land, within that <br />priority, to include in the UGB. This process comes into play only for fourth priority land in Eugene's <br />industrial UGB analysis. When addressing fourth priority land, ORS 197.298(2) requires that "[h]igher <br />Appendix B to Findings May 2017 Page 8 <br />